NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Elefteria Pty Ltd v Newcastle Council [2008] NSWLEC 1510
APPLICANT Elefteria Pty Ltd PARTIES : RESPONDENT Newcastle Council
FILE NUMBER(S) : 10680 of 2008
CORAM: Hoffman C
KEY ISSUES: Appeal :- Restaurant and takeaway; amenity impacts on adjoining and adjacent residents, noise, fumes, odours, anti social behaviour; reduction of width in foreshore promenade shared cycleway, pathway; streetscape; operational need to use public lands beyond the subject site; carpark; facilities and services contribution under S94.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Newcastle Local Environmental Plan 2003 Newcastle City Centre Local Environmental Plan 2008 Newcastle Development Control Plan 2005.
DATES OF HEARING: 17/11/2008-18/11/2008
DATE OF JUDGMENT: 31 December 2008
APPLICANT Ms S Duggan, Barrister instructed by Spiegel & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr T Robertson, SC instructed by Sparke Helmore
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
31 December 2008
10680 of 2008 Elefteria Pty Ltd v Newcastle Council
JUDGMENT
1 Commissioner: This is a Class 1 Appeal in regard to the refusal of a proposal to demolish an existing commercial one storey building on the foreshore promenade of Newcastle Harbour, and replace it with a restaurant of two storeys above a basement and having a deck fronting the promenade and a take-away servery facing the road behind.
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